Court asks Tsatsu to file additional grounds of appeal

Accra, July 20, GNA – The Court of Appeal (CA) on Wednesday gave 10 days to Tsatsu Tsikata, former Chief Executive of Ghana National Petroleum Company (GNPC), to file additional grounds of appeal.

This was after the CA had granted Mr Peter Ebow Amissah, counsel for Tsikata, leave to file the additional grounds of appeal.

It, however, quizzed Mr Amissah over the lack of residential address in the affidavit on the motion, pointing out that counsel should not presume that everyone knew Tsikata.

Ms Merley Wood, Chief State Attorney, did not opposed to motion hence did not file any affidavit in opposition.

The panel made up of Mr Justice S.O. Kanyoke (Presiding), Mr Justice Kusi Appiah and Mr Justice Dennis Adjei, however, did not fix any date.

Tsikta has appealed against his conviction by an Accra Fast Track High Court in 2008.

Tsikata had contended that "the verdict is unreasonable and cannot be supported by the evidence".

He is therefore seeking an order to set aside the judgement of the court and the sentence imposed on him.

Tsikata was sentenced to five years’ imprisonment by an Accra Fast track High Court presided over by Mrs Justice Henrrieta Abban for wilfully causing financial loss to the State and misapplying public property.

In a notice of appeal signed by Tsikata himself in 2008, as his lawyer, Professor E. V. O. Dankwa, was out of the country, he contended that the trial Judge erred in law in deciding that financial loss had been caused simply because payment of money had been made by GNPC.

According to him, the trial Judge erred in law in deciding that there was no provision for indemnity from Valley Farms for the guarantee when the express terms of the guarantee agreement gave GNPC a right of subrogation over the assets of Valley Farms.

It said the trial judge erred in law in deciding that because the said investment in Valley Farms was outside the objects of GNPC, on her interpretation of the statute setting up GNPC, financial loss had thereby been caused to the State.

"The trial judge showed manifest bias against the accused/appellant in the conduct of the trial and particularly in relation to her decision this morning (Wednesday) that she would proceed to give judgement when no notice had been served on the accused to the effect that judgement would be given today."

According to Tsikata, the trial Judge manifested her determination to give a biased judgement by striking out an application by his counsel to introduce further evidence from admissions made by the Attorney-General during the recent Supreme Court proceedings that there was no dispute about the viability of the evidence when his counsel had written to the court to explain his absence and requested a date for the hearing date of the application.

He said the trial judge also erred in disregarding evidence from the prosecution itself that made it clear that the project in relation to which the charges had been brought was a profitable investment which would have yielded benefits to the nation and the GNPC.

Tsikata said the trial judge again erred in claiming that an investment in a cocoa project was unrelated to the business of Government when there was uncontested evidence that funding from the export of cocoa was critical to the responsibility of GNPC to import crude oil for the country.

He noted that the trial judge again erred in holding that the accused had admitted in a caution statement that he authorised GNPC’s Head of Finance to effect the payment on the charge sheet.

"The trial judge erred in failing to appreciate the role that Merchant Bank played as the Trustee of GNPC resources placed in the accounts and the significance of this role," Tsikata said.